Short Answer

In North Carolina personal injury claims, an employer usually does not have a legal duty to complete your attorney’s “lost-wages form,” but you can still prove wage loss with other records. A signed employer letter can often work if it clearly confirms your job, pay rate, and the time you missed. Don’t wait until the end of the case—send whatever proof you can as soon as you have it so your claim can be documented and negotiated properly.

Understanding the Problem

If you are making a North Carolina lost-wages claim and your employer will not complete the standard wage-verification form, can you use a signed employer letter instead, and when should you submit it? This comes up often when a claim needs payroll confirmation but the employer is slow to respond or refuses to sign a specific form. In your situation, you are already working on documentation for a lost-wages claim and are stuck because the employer will not complete the form.

Apply the Law

In a North Carolina personal injury case, “lost wages” (sometimes called wage loss) is typically proven with reliable documentation showing (1) you missed work because of the incident and (2) what you would have earned during that time. There is no single required “state form” for wage loss in most third-party injury claims; instead, insurers and attorneys use forms to gather the same key facts in a consistent way. If an employer refuses to cooperate, you generally shift to other proof that is credible, consistent, and ties the missed time to the injury-related restrictions or treatment.

Key Requirements

• Proof you missed work: Documentation should show the dates and hours you were out (or reduced) and that the time off was connected to the injury (for example, medical appointments, work restrictions, or being taken out of work).
• Proof of your pay structure: The proof should match how you are paid (hourly, salary, overtime, tips/commission, or variable hours) so the wage-loss calculation is grounded in real payroll practices.
• Proof of the amount lost: Records should show what you would have earned versus what you actually received (including whether you used PTO, sick time, or received disability pay).
• Consistency across documents: Your employer letter, pay stubs, time records, and any medical work notes should not conflict on dates, hours, or restrictions.
• Timely submission: Wage-loss proof is most useful when provided early enough to be included in settlement demands and negotiations, not after numbers have already been exchanged.

What the Statutes Say

• N.C. Gen. Stat. § 95-25.22 (Recovery of unpaid wages) - Provides a process for employees to pursue unpaid wages owed by an employer (a different issue than a third-party injury claim, but sometimes relevant if an employer is withholding earned pay).
• N.C. Gen. Stat. § 97-22 (Notice of accident to employer) - In workers’ compensation cases, employees must give timely notice to the employer; wage documentation disputes more commonly arise in that setting.

Analysis

Apply the Rule to the Facts: Because your employer will not complete the standard lost-wages form, the practical goal is to replace that form with other credible proof that covers the same information: your job status, pay rate, and the dates/hours you missed. A signed employer letter can often serve the same purpose if it is detailed and on company letterhead (or otherwise clearly identifies the employer) and is signed by someone with payroll/HR authority. If the employer will not provide any letter at all, you can still build the claim with pay stubs, timekeeping records, and tax documents, but you should expect the insurer to scrutinize the numbers more closely.

Process & Timing

1. Who gathers it: You (and your attorney, if you have one). Where: From your employer’s HR/payroll department and your own records in North Carolina. What: Ask for either completion of the wage form or a signed letter confirming (a) your job title/status, (b) your pay rate and typical schedule, (c) the exact dates/hours missed, and (d) whether you used PTO/sick time or had reduced hours. When: Request it as soon as you miss work and follow up within a week if you do not receive it.
2. If the employer refuses: Collect substitutes that show the same facts—recent pay stubs before and after the missed time, time sheets/clock-in records, W-2/1099 forms, and any written work restrictions or out-of-work notes that match the dates you missed. Provide these to the insurance adjuster (or your attorney) so the wage-loss figure can be supported even without the form.
3. Submit updates: If you continue missing work, submit updated documentation in intervals (for example, each pay period or monthly) so the claim file stays current and the demand package is accurate.

Exceptions & Pitfalls

• Vague employer letters: A letter that says only “they missed work” without dates, hours, and pay details often leads to delays or disputes. Ask for specifics.
• PTO and sick time confusion: Using PTO may still represent a loss (you used a benefit you otherwise would have kept), but insurers often require clear documentation showing what was used and when.
• Variable income (overtime, tips, commission): If your pay varies, a simple hourly-rate statement may understate or overstate the loss. Use longer-range records (multiple pay periods) to show a fair average.
• Mismatch with medical notes: If your medical work note covers different dates than your claimed missed time, the insurer may challenge the wage loss. Keep the dates aligned and explain any gaps.
• Waiting too long to document: The longer you wait, the harder it can be to obtain time records or get a supervisor to confirm details. Start the paper trail early.

Conclusion

If your employer refuses to fill out the lost-wages form in a North Carolina personal injury claim, you can usually still prove wage loss using other reliable documents. A signed employer letter can often substitute for the form if it clearly states your pay information and the exact dates or hours you missed, and it matches your payroll records. Next step: gather your best available wage-loss proof and submit it before any settlement demand or negotiation deadline so the claim can be valued accurately.

Talk to a Personal Injury Attorney

If you're dealing with an employer who won’t confirm missed work for a lost-wages claim, our firm has experienced attorneys who can help you understand what documents can substitute for the form and how to present them on a timeline that supports your case. Reach out today. Call [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.